Darrell Comeaux and Carmen Comeaux, Individually and on Behalf of the Estate of Amie Comeaux v. State of Louisiana, State of Louisiana through the Department of Transportation and Development

STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT

DARRELL COMEAUX AND CARMEN NO. 2021 CW 0683
COMEAUX, INDIVIDUALLY AND ON
BEHALF OF THE ESTATE OF AMIE PG. 1 OF 2
COMEAUX

VERSUS

STATE OF LOUISIANA, STATE OF
LOUISIANA THROUGH DEPARTMENT
OF TRANSPORTATION AND
DEVELOPMENT

CONSOLIDATED WITH

IDA WATTIGNEY AND EVA
FRANCOIS, AS DAUGHTER OF IDA
WATTIGNEY

VERSUS

AUGUST 16, 2021
STATE OF LOUISIANA, STATE OF
LOUISIANA THROUGH THE
DEPARTMENT OF TRANSPORTATION
AND DEVELOPMENT

In Re: State of Louisiana and the State of Louisiana through
the Department of Transportation and Development,
applying for supervisory writs, 19th Judicial District
Court, Parish of East Baton Rouge, No. 456518 c/ w

456545.

BEFORE: MCDONALD, LANIER, AND WOLFE, JJ.

WRIT NOT CONSIDERED. Relator failed to provide

documentation that this writ application was timely filed under
Rules 4- 2 and 4- 3, Uniform Rules of Louisiana Courts of Appeal,
in accordance with the provisions of La. Code Civ. P. art.

1914( A) and ( B). There is no evidence that a judgment was

ordered by the trial court or that a written request for
judgment was filed within 10 days of the ruling in open court so
as to make the notice of intent filed on June 1, 2021 timely.
Moreover, the writ application does not contain a transcript of
the for
court' s reasons
denying the motion and the reasons are

not otherwise evident from the writ application. See La. Civ.
Code P. art. 966( C)( 4); James as Co - Trustees of Addison Family
Trust v. Strobel, 2019- 0787 ( La. App. 1st Cir. 6/ 24/ 20), 2020 WL
3446635 ( unpublished).

Supplementation of this writ application and/ or an

application for rehearing will not be considered. Rules 4- 9 and

2- 18. 7, Uniform Rules of Louisiana Courts of Appeal.

STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT

NO. 2021 CW 0683

PG. 2 OF 2

In the event relator seeks to file a new application with

this court, it must contain all pertinent documentation

including documentation to show the original writ application

was timely, and any other documents listed above, and must

comply with Rule 2- 12. 2, Uniform Rules of Louisiana Courts of

Appeal. Any new application must be filed on or before September
15, 2021, and must contain a copy of this ruling.

JMM
WIL

EW

COURT OF APPEAL, FIRST CIRCUIT

DEPUTY
I' CL RK
4A
OF COURT
FOR THE COURT